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1. B Y : N I S H A K U R I A N
B A N A N A I P
Patent Process

2. Highlights
 Process as laid down under law
 Varying interpretations
 Existing Inconsistencies
 Cost effective and efficient strategies
 Checklist

3. Basic Process
 Filing an Indian Application
 Filing an Application outside India
 Publication
 Examination
 Opposition
 Grant
 Maintenance

4. Interpretations and loopholes in existing Laws
Filing
 Applicant and derived rights
 Entity claims
 Importance to inventors
 Filing content: claims, colored drawings, combination of
applications, divisional applications
 Timeline Management

5.  Filing based on certain jurisdictions
 Strategy to foreign file
 Issue of preference to foreign applicants
 Mode of filing: e-filing of certain forms

6. Publication
 Importance with respect to third party
 Early Publication: Is it Mandatory or beneficial?
Examination
 Request filing strategy
 Importance
 Issue of Backlogs

7. Disclosure to Patent Office
 Concealment is Fatal
 Details to be disclosed
 Frequency of disclosure

8. First Examination Report
 Formal objection and substantive objection
 Checklist to reduce formal objections
 Critical deadline

9. Role of Third parties
 Opposition: pre grant and post grant
 Common formal objections:
 Concealment of vital information
 Misrepresentation and criminal offence
 Non-compliance

10. Post-grant formalities
 Annuity Management
 Working of patents and its importance- Issue with
respect to compulsory licensing.

11. Checklists
Pre-Filing
 Identification of type of application
 Preferred filing date
 Applicant details: address and entity
 Inventor details: Contribution
 Specific instructions to file required forms

12.  Disclosure of Interest in foreign filing and preferred
route
 Specific identification no.
 Proof-reading of pre-filed and as-filed documents

13. Post-filing checklist
 Date in filing acknowledgement
 Details in filing receipt
 Forms to be submitted

14.  Deadline Management
 Forms for foreign filing: Assignment, POA and
disclosure forms
 Disclosure to patent office

15. Publication
Specific instructions
Journal publication
Status: Application awaiting/under examination

16. Prosecution
 Date of issue of First examination report
 SER issue
 Request for hearing

17. Grant
 Monitoring of Deadline
 Annuity Management
 Working of patents

18. Q U E S T I O N S / S U G G E S T I O N S / C O M M E N T S
N I S H A @ B A N A N A I P . C O M
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